Look, I get it. For large companies, it’s impossible to keep copies of every document sent to customers. Instead, you keep records of what was sent when, along with sample copies. That’s much easier and cheaper than keeping copies of everything (though I imagine the American Warehouse Association–if that exists; if not, then dibs!–would encourage you to keep at least three copies of everything forever!).
But when you want to compel someone to arbitrate and you can’t produce the contract that says you have to arbitrate, that can be a problem for courts, as Citigroup recently learned in California federal court. In fact, the existence of an arbitration agreement is the first element a court has to address, so, really, you’ve basically got to nail that one. I’m not faulting Citigroup or the lawyers here. I’m just sayin’.